Anthony has an extensive practice and is a member of the Public, planning and regulatory group and Commercial group at Civitas Law. He is also a highly experienced member of the dispute resolution team. See chambers' website for further details. Public, planning and regulatory: Anthony is instructed in the more complex regulatory and public law matters. Frequently there may be issues regarding trading, licensing or enforcement and he is used to appearing in many different forums. Anthony is instructed by local authorities, regulators, government departments, police authorities, businesses and individuals in advisory work and prosecutions ranging from trading standards and environmental health to care standards, planning enforcement, inquests and fraud. Appointed to the Attorney General’s Panel in 2001, he has prosecuted on behalf of the HSE, the DWP and HMRC. He has since been re-appointed to the panel of the Welsh Government in connection with regulatory and criminal matters. Anthony was appointed in 2012 to List A of Specialist Regulatory Advocates for health and safety and environmental matters. He has considerable experience in arguing for the defence in connection with statutory defences, procedures and abuse of process. Recent cases for public, planning and regulatory: Instructed by Belfast City Council in prosecution arising from E. Coli outbreak at Flicks restaurant. Instructed by Newport City Council in fatal industrial accident. Instructed for the Defence in pair of serious workplace accidents (Cambridge Crown Court 2012); instructed by HSE in prosecution of local authority arising from the death of a disabled man in a hoist (2012); acted for Welsh Ministers in care home neglect prosecution: R v Smyth (2012); successfully acted for defendant trader in nationwide prosecutions for offences contrary to unfair trading regulations (2011-12); advised local authority in relation to social care provision; acted for public authority in relation to three-week inquest and subsequent human rights claims (2011-12); instructed by Wrexham CBC in prosecution of takeaway owner for 2009 outbreak of E. Coli 0157: R v Aslan (2011); instructed by Welsh Ministers in case concerning abuse of TB regime: R v Price (2011); acting for finance house in title disputes over cars: Family Finance v JD Cleverly & Anr [2009] EWCA 1477; instructed in prosecution of retailer of modchips for Xbox, Nintendo and Sony Playstation under copyright, trade marks and money-laundering legislation. Business turned over £850,000 over two years. Restraint proceedings and funds being removed from the jurisdiction. Case appealed unsuccessfully on whether a copy within copyright legislation was created. R v Gilham [2009] EWCA Crim 2293 CA [2009] WLR (D) 324; represented Bridgend CBC at the Public Inquiry chaired by Professor Pennington into the 2005 South Wales outbreak of E. coli 0157. Evidence concerned public procurement, food hygiene and school management; Caerphilly CBC, RCT CBC & Bridgend CBC v Tudor – Led by Graham Walters in prosecution of butcher for marketing of unsafe food and food hygiene offences arising from 2005 e. coli outbreak resulting in death of Mason Jones. Managed substantial disclosure process involving 9 counsel; successfully defended individual accused of deliberately disturbing a dormouse habitat: R v Jones; defended individual prosecuted arising from substantial skip hire business and unlawful dumping: R v James. Commercial and consumer: acting both for businesses and individuals, Anthony regularly advises and represents in contract, chancery and property disputes and consumer protection matters such as terms and conditions, the enforceability of agreements and disputes concerning the sale of goods or the supply of services; Anthony also advises in connection with company and contractual disputes and non-contentious matters such as drafting of agreements. Dispute resolution: Anthony has acted as mediator in a wide range of disputes both within a community and a commercial setting; commercial mediations have addressed issues of contract, construction, employment, professional negligence, planning, valuation and land; community mediations have included neighbourhood issues, noise nuisance, racism, homophobia and difficulties arising from medical issues; Anthony qualified as a mediator with CEDR (1995) with Southwark Mediation Centre (1998) and with ADR Group (2002).
Civitas Law
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Barrister specialising in chancery, commercial and public law. Cathrine also accepts instrucion in personal injury cases and has a particular interest in claims with a foreign element having authored the relevant guidance on the topic in Butterworth’s Personal Injury Litigation Service Division 1 B 9. Cathrine is qualified to accept instructions under the Bar Standards Board Public Access Scheme.
Chris is ranked as a Chambers UK Guide ‘Leader in their field’ and a leading barrister for employment law and is also a specialist member of the personal injuries and clinical negligence group, where he is often asked to conduct employer liability and stress work claims given the overlap with his employment law practice. Employment: Chris’ employment practice ranges from routine unfair dismissal claims to discrimination claims on all of the prohibited grounds. He is also regularly instructed to deal with sometimes complex TUPE cases, particularly involving insolvent employers. Chris has appeared on behalf of a number of well-known companies before employment tribunals across the UK. This is supplemented by a strong following of smaller businesses and organisations. Chris also has a strong claimant-based following. This balance between claimant/respondent workload has provided Chris with an invaluable insight as to how to most effectively present the cases that he is instructed to deal with. Personal injury: Chris has a wide range of experience in personal injury work with a mixed practice of claimant and respondent work. He is happy to undertake appropriate cases on a CFA basis. He is often asked to conduct employer liability and stress at work claims given the overlap with his employment law practice. Recent notable cases: Bayliss v Chief Constable of South Wales Police, Cardiff ET November 2014. Chris acted for the respondent who faced multiple allegations from a former police officer that he had been discriminating against over several years. The claim was valued in excess of £500,000. After a seven day hearing the Tribunal dismissed all claims. Bowen v Swansea County Council, Cardiff ET October 2013. Acted for the respondent. The claimant asserted that he had suffered disability discrimination and that he had been dismissed as a result of making protected disclosures. He was seeking in excess of £250,000 damages from his former employer. After a five day hearing the Tribunal rejected all of his complaints. JRB Cable Installations v HDJ Electrical Ltd, Manchester High Court, April 2013. Chris acted for the applicants who successfully obtained a springboard injunction against their former employees. The application was based on the misappropriation of a large volume of confidential information by the former employees to assist them in setting up a rival business. Having obtained the injunction from the High Court, the respondents agreed to pay a substantial sum in damages to the claimant. Arriva Trains Wales v Conant, EAT November 2011. Appeal against the ET’s finding that the claimant’s dismissal had been unfair. It was argued on appeal that the ET had fallen into error by substituting its own opinion as to the fairness of the dismissal for that of the employer; Cox v Northern Devon NHS, EAT 2011. Successful appeal against the decision to restrict the claimant’s damages to a nominal period of time. The EAT upheld the submission that the ET had failed to correctly apply the relevant legal principles to this case.
Dan specialises in commercial and property litigation. His practice features business disputes across a wide range of industries. He aims to develop a clear understanding and insight into each client's business requirements so that his advice is given in a realistic context. His commercial experience includes: acting for banks and borrowers in relation to guarantees and secured lending; insolvency both for IPs and debotors; contractual disputes; professional liability. His property experience includes: option agreement disputes; commercial landlord and tenant (such as opposed lease renewals, dilapidations); boundary and easement disputes; party wall disputes.Along with regular trial advocacy, Dan is frequently instructed to make/oppose interim injunctive relief and other procedural applications in commercial and property matters. He also has appeal experience including before the Court of Appeal.As a former solicitor he understands how to work as a member of the overall legal team but is equally happy to provide strategic direction when requested.
Practice is essentially concerned with property, planning and public and administrative law. Instructions include work for the Welsh Government, many local authorities and individuals concerned with the actions of public bodies. Subject areas include planning, housing, environment and waste disposal, grant entitlement, education, care homes, disclosure and freedom of information and judicial review generally. Undertakes a very significant amount of advisory work and public inquiry work. General public law: has been appointed under the Greenhouse Gas Emissions Trading Scheme Regulations 2005 to conduct appeals, reach conclusions and report to Welsh Ministers. Instructions from a number of local authorities and other public bodies have included ultra vires charges, state aid rules, highway collapse and obstruction issues contractual disputes (including advice on challenges to tendering and selection process) as well as issues relating to planning and compulsory purchase. Represented a local authority in a public Inquiry (Pennington Inquiry) into an e-coli outbreak in Wales and has continued to be active in aspects of food safety law. Planning: planning inquiries and enforcement work, from developers including direct professional access work for planning consultants and for planning authorities. High Court appeals, in particular for the Welsh ministers (for planning inspectorate). Residential development for national housebuilders and commercial developments and compulsory purchase. Miscellaneous advisory work on construction of planning permissions and conditions. Related work has included village green applications and public rights of way issues. (Reported case Gregory v Welsh Ministers [2013] EWHC 63 (Admin); Telecom Securicor Cellular Radio Ltd v NAW [2001] PLCR 23, [2001] JPL 842 (Note). Miles v National Assembly for Wales [2007] EWHC 10 (Admin); [2007] J.P.L. 1235: Carmarthenshire CC v Humphreys [2010] EWHC 1958 (Admin); Williams v Blaenau Gwent BC 1994 40 EG 139.) Instructions have included various highway schemes and public local inquiries and this extended to appearance before a Welsh ministers Committee under special assembly (parliamentary) procedure. Judicial review: acting for applicants and Welsh ministers on planning and related matters (eg bridleways) on review and statutory appeals. Acting for applicants generally on judicial review and high court challenges including claims for and against public authorities in connection with closure of residential home, housing, food safety and in various cases under the Education Acts re schooling and for the police on powers of cautioning and disciplinary powers. Incidental human rights claims. (Reported cases Fernlee Estates Ltd v Swansea City and County Council [2001] EWHC 360, [2001] EGCS 161, (2001) 98(22) LSG 37: R v Vale of Glamorgan CC ex p J [2001] 1 EWCA Civ 593, [2001] ELR 758 Carmarthenshire CC v Llanelli Magistrates [2009] EWHC 3016 (Admin); Torfaen CBC v Douglas Willis Ltd [2012] EWHC 296 (Admin); R. (on the application of Singh) v Cardiff City Council [2012] EWHC 1852 (Admin). Property: a wide variety of instructions including trespass, adverse possession, construction of deeds and property rights, easements and restrictive covenants, business tenancy renewals and miscellaneous landlord and tenant disputes together with a variety of issues from development contracts. Building disputes for owners and contractors (sub and main contractors). Miscellaneous claims, eg noise nuisance, flood damage, mortgagee’s power of sale. Human rights claims eg compatibility of landlord’s right of distress. Commercial work: business tenancy disputes, development contract issues and general commercial contract matters. (Reported case Brumwell v Powys CC [2011] EWCA Civ 1613 Dewan v Lewis [2010] EWCA Civ 1382; (2010) 108(2) L.S.G. 19; [2010] N.P.C123; [2011] 1 P. & C.R. DG22; Fernhill Mining Ltd v Kier Construction Ltd [2000] CP Rep 69, [2000] CPLR 23.)Chancery: Chancery work including construction of wills, inheritance claims and partnership disputes. Reported case Cook v IRC [2002] S.T.C. (S.C.D.) 318; [2002] W.T.L.R. 1003; [2002] S.T.I. 936 (Reported case Shaw v Halifax (South West) Ltd (1996) PNLR 451, (1997) 13 Const LJ 127). Chancery: primarily property based advisory and dispute related work (including trusts of land) and wills and inheritance issues. Recent cases have related to co-ownership of multiple properties for investment purposes, boundary disputes, rights of way issues and business tenancy disputes. Recent reported cases include: Brumwell v Powys CC [2011] EWCA Civ 1613 (business lease of licence); Dewan v Lewis [2010] EWCA Civ 1382 (easements). Graham is also a qualified and experienced mediator.
Joanne is recommended as leading counsel for personal injury and employment law in both the Chambers UK Guide and Legal 500 directory. Her practice spans instructions from both claimants and defendants. Since her appointment to the provincial panel of the Treasury Counsel in 2007, Joanne has also acted for a number of government departments, defending different types of judicial review claims. Personal injury: Joanne has a substantial personal injury practice acting for both claimants and defendants in employers’ liability, public liability, occupiers liability, product liability and road traffic cases. She has experience in disease cases, including deafness and stress claims. A significant part of her practice involves acting for Local Health Boards across Wales in defending personal injury and contractual claims brought against them by employees. In addition, she acts for many of the major insurance companies in a range of personal injury claims. Since being appointed to the Provincial panel of Treasury Counsel in 2007, Joanne has acted in a number of interesting and high value personal injury actions, including claims brought against the Ministry of Justice, the Ministry of Defence and the Inland Revenue. She has also been instructed by the Welsh Assembly Government. As well as acting for defendants, Joanne acts for claimants through their unions and under conditional fee arrangements in all variety of claims. Recently, she has been instructed to act in a high value claim involving the interpretation of the manual handling regulations. She also has experience of acting for claimants under the criminal injuries compensation scheme. Joanne has considerable experience in advisory work, settling pleadings, including schedules of special damages and counter schedules and her advocacy experience extends to a high level, including the High Court. Employment law: Joanne acts for both claimants and respondents. However, since being appointed to the provincial panel of Treasury Counsel in 2007, she has acted more regularly for respondents. She has been involved in a number of unfair/constructive unfair dismissal cases at employment tribunal level. Joanne is fully adept at handling the full range of issues that arise in such cases, from the most sensitive to the most straightforward. Joanne has a particular interest in discrimination cases and has successfully acted for a number of government departments in such claims including the Department of Transport, the Inland Revenue and the Ministry of Defence. In addition to her interest in discrimination cases, Joanne has gained significant experience in acting for both claimants and respondents in most aspects of employment law. She regularly acts for local authorities, small and large companies as well as individuals. She has experience of acting in Judicial Mediations. Joanne is a regular attendee at the local employment tribunals. She is also instructed to act for clients further afield. She has experience of appearing in the Employment Appeal Tribunal. Judicial review: since being appointed to the provincial panel of the Treasury Counsel in 2007, Joanne has gained experience in acting for a number of government departments, defending different types of judicial review claims. In particular, Joanne has acted for the Home office in Immigration claims and for the Department of Work and Pensions in claims brought against the Child Maintenance and Enforcement Commission. This area of practice is one in which Joanne is keen to expand. Notable cases: Axa General Insurance Ltd v David Dawe (2005) High Court. Appeal from the county court by the Claimant in respect of a summary judgement application by the defendant. The case was heard before Mr Justice Pitchford. Joanne acted for the defendant and successfully argued that the appeal should be dismissed. The case involved important issues as to the interpretation that should be applied to various parts of the CPR; Rhondda Cynon Taff v Tina Griffiths (2006) (UKEATPA/1477/05/SM) Joanne represented the local authority in an appeal to the EAT on a point of principle regarding when an extension of time should be granted to lodge a notice of appeal to the EAT in circumstances where written reasons were not received by a party until the time period for appealing had lapsed; Parkes v Meridian (Nottinghamshire and Derbyshire Deafness Test Litigation) (2007) EWCH B1 (QB) Joanne had early involvement as a junior in the preparation of this litigation on behalf of the Claimants; Marjorie Dugan v Department of Transport (2009) Joanne successfully represented the Department of Transport in an interesting indirect sex discrimination case; Stephen John Deakin v Gwynedd County Council & Welsh Ministers (2009). Joanne represented the Welsh Assembly and the local authority in a case involving the extent of the duties owed by a highway authority in respect of skid resistant surfaces; Roger Amos v Gwent Probation Service (2009/2010) This case involved interesting issues about the existence/extent of the duty of care owed by the Probation Service to prisoners whilst under their supervision in prison; Helen Saunders v Denticare Ltd (2010). ET. Joanne represented Denticare in an interesting and sensitive constructive unfair dismissal case; Paula Rogers & Others v Bridgend CBC (2010) ET. This claim was successfully defended by Joanne on behalf of the local authority in respect of alleged unpaid holiday pay. It involved an analysis of whether or not the authority had complied with the recent decisions of the Court of Appeal (following the ECJ decisions) in respect of ‘rolled up’ holiday pay; Sharon Jarvis v HM Revenue & Customs (2010). Joanne acted for the Inland Revenue in a Judicial Mediation regarding maternity related sex discrimination and disability discrimination.
Kate has a specialist chancery and commercial practice with a particular focus and interest in succession, trusts and real property disputes. She is an affiliate member STEP and a CMC-qualified civil and commercial mediator. In contentious probate Kate has extensive experience in advising on and representing parties in disputes including the construction and validity of wills, removal of executors, variation and revocation, 1975 Act claims and linked professional negligence claims. Some of Kate’s recent real property instructions include disputes concerning easements, restrictive covenants, proprietary estoppel, overage provisions, resulting and constructive trusts, and boundary issues. Kate also advises clients on commercial, company and partnership law including contractual disputes, procurement, and insolvency
Mair specialises in dispute resolution. She has conducted many hundreds of separate arbitrations, adjudications and mediations. Her main area of practice is the built environment. She is dual qualified as an architect and barrister. After receiving degrees in architecture, including a PhD in construction law, Mair Coombes Davies practiced as a barrister specialising in the built environment. Her experience includes the resolution of disputes involving all aspects of the built environment from construction, planning and land disputes to commercial and consumer disputes. Mair is an appointed arbitrator of the Welsh Assembly Government and the office of the Deputy Prime Minister. In addition to being a practicing arbitrator, barrister, adjudicator and mediator she has lead and sat on specialist committees on the development and future of dispute resolution for the Chartered Institute of Arbitrators, the General Council of the Bar and the Royal Institute of British Architects. She has lectured widely and is the author of several publications on dispute resolution including the ‘RIBA Good Practice Guide: Arbitration’ and the ‘RIBA Good Practice Guide: Adjudication’. She represents the UK on dispute resolution at the Architects Council of Europe, Brussels. Mair is also a member of the commercial, Chancery and consumer group and public planning and regulatory group in Civitas Law, offering significant strength and depth in areas, recently including: building, construction and engineering contracts; companies and partnerships, commercial and consumer; landlord and tenant; property and land; dispute resolution: arbitration, adjudication and mediation.
Matthew Graham Paul practices within Civitas Law’s public, planning and regulatory group. He is also an experienced and successful advocate in licensing cases. Matthew has substantial experience in serious and complex regulatory cases in the Crown Court, Magistrates’ Courts and disciplinary Tribunals, acting both for prosecuting or regulating authorities and for defendants. His particular specialism is in health and safety law, where his recent work includes defending the corporate defendant in a case of alleged manslaughter and related health and safety offences at a North London trading estate, and representing an individual defendant in a substantial HSE prosecution relating to the dangerous installation of boilers and flues in two large housing developments, leading to dozens of cases of CO poisoning (the HSE offered no evidence on the first day of trial following submissions on the extent of the defendant’s duty to make himself aware of technical bulletins produced by CORGI, and on the inherent safety of flue systems used in the developments). Matthew also regularly acts for defendants accused of regulatory offences relating to farming and the rural environment. Matthew is frequently asked to advise and represent claimants and public bodies on questions of public law. He has a thorough knowledge of judicial review procedure, and a history of success in the Administrative Court. His public law practice frequently involves the application of convention rights, and he has acted in widely reported cases regarding the right to freedom of expression, such as R (on the application of Lewis Malcolm Calver) v Adjudication Panel for Wales [2012] EWHC 1172 (Admin). He has considerable experience in local government law, and has nationally-recognised expertise on the implementation and management of selective licensing areas (pursuant to Part 3 of the Housing Act 2004) and the regulation of houses in multiple occupation. He is also frequently consulted on questions of local government standards, by individual councillors and local authorities. His recent public law work includes representing a Northern local authority in the Upper Tribunal, in challenges to licence conditions imposed on landlords within a selective licensing area; advising a local authority in the Midlands on the implementation of a new waste policy, which imposes significant responsibilities on the managers of houses in multiple occupation, and advising a London Borough on the appropriate fee structure for selective licencing, in the light of the decision in Hemming [2013] EWCA Civ 951. In the field of licensing, Matthew represents both local authorities and licence holders or applicants, ranging (in liquor licensing cases) from small family-run pubs to multi-nationals. He is familiar with all stages of the licensing process, from the first application before council licensing sub-committees (where he has acted both for applicants and as the council’s legal adviser), through appeals at the Magistrates’ Court, to appeals to the High Court by way of case stated or judicial review. He has demonstrated a record of success in contested applications, and solid judgement in negotiating settlements. He has a good grasp of the technicalities of licensing law and procedure, and uses this to his clients’ advantage. Matthew has substantial experience in other areas of licensing law, including hackney carriage licenses. In Pinnington v Transport for London (2013) EWHC 3656 (Admin), he successfully appealed against the Justices’ refusal of a renewed black cab licence, where P had been convicted of possession of cannabis and had driven for some months following the lapse of his licence. P was awarded his costs in the appeal and in the lower Court. Matthew has a good grasp of planning law, and is familiar with all aspects of devolved public and regulatory law in Wales.
Nick acts on behalf of claimants and defendants (including central government and the Welsh government). His case load consists of catastrophic injury claims: traumatic brain injuries, spinal cord injuries (tetraplegia and paraplegia) and upper and lower limb amputations. Such cases have included claimants in a persistent vegetative state, minimally aware and locked in. They also include those who have sustained injuries abroad. He is involved in litigation where orthopaedic and psychiatric injuries and pain syndromes remove or substantially reduce the ability to work. Fatal Accident Act claims and appeals against the Criminal Injuries Compensation Authority also form an important part of his work. Clinical negligence: Nick acts on behalf of claimants. He is instructed under BTE policies, public funding certificates and CFAs. His case load includes negligence arising out of: anaesthesia; consent to treatment; negligence in diagnosis (missed, delayed and wrongful; including cancer misdiagnosis); GP practice; nursing care; prescriptions; surgery (including spinal cord). He was instructed by the first minister of Wales to carry out an investigation into the death of Robbie Powell from Addison’s Disease and to report to and make recommendations to the Welsh ministers as to any lessons to be learnt for the promotion of or improvement of the social well being of Wales and the operation of the Welsh Health Service. The report was published in July 2012. Health and safety: Nick is instructed on behalf of individuals, companies, local authorities and the health and safety executive. He has extensive experience in advising and conducting trials in the Magistrates’ Court and Crown Court as well as representation in the Court of Appeal. Cases involve the assimilation and marshalling of technical and medical expert evidence and are often of public importance. Cases include: agricultural fatalities; workplace fatalities; fatalities caused by lost wheel syndrome; death of an independent roofing contractor; work place injuries; asbestos exposure; capsizing of a commercial barge on a coastal waterway, killing a member of the crew and cases involving members of the public eg large scale scaffolding collapse in a city centre; death of a paraplegic when self hoisting and death of a pupil in a school playground (R v James Porter (CA) (2008) ICR 1259 – breach of duty by headmaster, to a pupil who died following an accident in a school playground and the meaning of risk in health and safety legislation).
Owain has a busy advocacy and advisory practice across all of chambers’ practice areas with a particular emphasis on commercial, property and public law. He prides himself on his attention to detail and clients commend his tenacious advocacy, practical advice and ease with clients. Owain has particular experience of dealing with urgent and without notice injunctions in a commercial, immigration/asylum, housing, and public law context. He is often instructed at the 11th hour on an urgent basis and is experienced at making out-of-hours applications. He read law at St Catharine’s College, Cambridge and previously worked in the Litigation Department at Hugh James Solicitors and brings that experience together with a strong academic background to his practice. An ADR Group accredited mediator, Owain accepts instructions to act as a mediator (in Welsh, English or bilingually where appropriate). A native Welsh speaker Owain is happy to accept instructions through the medium of Welsh. Owain regularly delivers CPD accredited seminars. He has also appeared on BBC Wales, Radio Cymru, ITV Wales and S4C discussing current legal issue
Richard is instructed by the Force Solicitors of the police forces across Wales in general litigation arising from operational policing such as cash seizures; firearms/shotgun appeals; and various civil orders such as sexual offender orders and football banning orders. However, his main interest in this field is acting at police disciplinary hearings. Richard’s expertise centres on sitting with and advising such panels on the law. Several of the cases he has been involved in have received national media coverage. Richard is on a small panel of counsel who are regularly instructed by Royal Mail Legal Services concerning allegations of fraud against Royal Mail and Post Office Limited, both by members of the public and employees. Richard has recently been instructed in a number of high profile inquests on behalf of HM Prison Cardiff and South Wales Police. Richard was on the attorney general’s panel of prosecuting counsel from 2005 until 2012 and gained much experience representing the full range of government departments. In 2010, Richard was appointed to the Regional Panel of Treasury Counsel. Since his appointment he has represented a number of government departments on a regular basis in a variety of cases. The departments include HM Revenue and Customs, the Home Department, the Department of Transport, the Foreign Office, the Ministry of Justice and the Ministry of Defence. In 2012 Richard was appointed as junior counsel to the Welsh government. Richard has advised the Welsh ministers in relation to highway matters, including a road flooding claim and a claim relating to the responsibility for a main road where it met a railway line in North Wales. In 2014 he advised Welsh Water PLC in relation to a claim emanating from damage caused to a mains sewer chamber in the Rhondda. Richard was junior counsel to the Pennington Inquiry (engaged 2007-2009) into the E Coli O157 outbreak in South Wales in 2005, which led to widespread illness and a fatality. He was led by James Eadie QC (First Treasury Counsel). In the foreword to his report, Professor Pennington thanked Richard for his help and for his ‘visible contribution to the elicitation of evidence at the oral hearings’. Richard undertakes all aspects of personal injury work. He advises, drafts pleadings (including schedules of loss) and appears for both claimants and defendants in fast track and multi track cases, including applications, case management conferences and trials. He has experience in a wide variety of personal injury actions, including highway tripping, road traffic accidents, occupiers’ and employers’ liability. He recently advised South Wales Police in relation to a well publicised claim against the force, following the death of a person who had taken a vehicle without consent and was pursued by police officers. Richard regularly advises government departments (usually the prison service) in relation to personal injury claims. Richard is qualified as a civil and commercial mediator and is accredited by the ADR Group. Notable cases include: PCs x 4 v Chief Constable of Gwent [2015]. Four week misconduct hearing involving numerous allegations of corruption by four officers relating to the prevention of prosecution relating to a family member of one of the officers. Advised the panel chaired by the ACC; Evans v Chief Constable of Gwent [2015]. Three week misconduct hearing involving 50 allegations of serious matters. Advised the panel chaired by ACC; Smith v Chief Constable of Dyfed Powys Police [2014]. Long running firearms appeal on behalf of the chief constable, with a range of complicating features.
Victoria is ranked in the Legal 500 2011 and 2012 directory for her work in the fields of personal injury and public law. Personal injury: a very busy personal injury practice involving road traffic accidents, occupiers’ liability, defective premises, highway tripping and employers liability. She undertakes work from the initial advice stage through to pleadings and trial. Victoria is happy to undertake CFAs. Notable cases include: a substantial CICA award for a claimant who suffered significant psychological injuries and was been unable to obtain employment following being burnt as a 14 year old child; representing two young dependants following the tragic death of their mother in a road traffic accident; settlement of an employers liability claim in which the claimant sustained a trimalleolar fracture preventing his return to work as a HGV driver; defending a local authority school where a young gymnast sustained multiple leg fractures during a training session; successful defence of claims against the local authority heard by the designated Civil Judge in respect of the maintenance of water stop taps and a historical stone drainage system; defending large companies including ASDA, Leekes and the Ministry of Defence and Ministry of Justice for the Treasury Solicitors. Victoria is currently advising in three ongoing claims pleaded in excess of £250,000 whereby the claimants have suffered complex fractures causing a permanent disability with complex causation and quantum issues. Housing: Victoria is regularly instructed to advise and represent local authorities and housing associations on a wide spectrum of housing claims including possession, anti social behaviour injunctions and the homelessness provisions. She specialises in claims raising issues under the Equality Act 2010 and is currently defending a number of claims for discrimination, victimisation and harassment against public bodies. Victoria was involved in the first application in Wales for a closure order on behalf of a local authority since the introduction of the Anti-Social Behaviour, Crime and Policing Act 2014. In light of this experience, Victoria was invited to present a talk entitled ‘Update on the Equality Act 2010’ at the Wales Local Authority Training Consortium. Actions against the police/state: specialises in representing and advising the police on civil claims on a variety of issues including trespass, conversion, misfeasance in public office, unlawful arrest, false imprisonment and breach of the Human Rights Act 1998. Recently defending the Crown Prosecution Service and the Ministry of Justice on false imprisonment and negligence claims. Licensing: represents the police and licensing sub committees on a range of matters under the Licensing Act 2003. Referees have stated: ‘She is an excellent advocate – very bright, very thorough and approachable.’; ‘Victoria is building a very sound practice in housing and regulatory law.’; ‘South Wales Police regularly instruct Victoria Hillier on a range of civil applications.’